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 Post subject: obligation to accomodate
PostPosted: Mon Mar 05, 2007 10:24 am 
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Joined: Fri Sep 15, 2006 2:02 pm
Posts: 44
Having recently looked into "safe" airline travel for my daughter, and finding responses from airlines unsatisfactory, I am now going to be looking into some case law with respect to companies' obligation to accomodate allergic/asthmatic individuals v. peanut/nut/seafood eating individuals inconvenience. I am not satisfied that "we can't ask the rest of the passengers to change just for one person." Well, as far as I'm concerned, eating foods that endanger others is not a "right", it is at best an inconvenience and I'm sure there must have been some court rulings with respect to accomodating other disabilities that may apply to allergies. Ana/allergic/asthmatic people are a group of people who are severely impacted and restricted by this condition, and yet, because it is relatively "invisible", I feel it has rather been brushed off by the airlines, Air Canada in particular.

I'll keep you posted.

Shirley

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Mum of 19 year old daughter - asthma and life threatening allergies to nuts, peanuts and seafood


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 Post subject:
PostPosted: Mon Mar 05, 2007 8:21 pm 
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Joined: Tue Mar 22, 2005 6:53 pm
Posts: 1454
Location: Canada
Hi Shirley, Thanks so much for pursuing this! I agree---airlines should make reasonable accomodation for people with allergies. Selling packets of cashews to everyone and telling the allergic to carry an epipen isn't reasonable accomodation! Do keep us posted.


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 Post subject:
PostPosted: Mon Mar 05, 2007 10:27 pm 
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Joined: Tue Nov 29, 2005 4:04 pm
Posts: 2044
Location: Gatineau, Quebec
Thanks for doing this Shirley, and definitely keep us posted.

K.

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Karen, proud Mom of
- DS1 (12 yrs): allergic to cashews, pistachios, Brazil nuts, potatoes, some legumes, some fish, pumpkin seeds; OAS
- DS2 (1o yrs): ana. to dairy, eggs, peanuts; asthma


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 Post subject:
PostPosted: Sun Mar 11, 2007 2:13 am 
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Joined: Sat Oct 01, 2005 8:55 pm
Posts: 412
Location: Vancouver, BC
Train travel is an issue too. My friend wanted to take my son on a trip by rail and the kids meal included peanut butter and jelly sandwiches, and the rest of the food was very iffy. I don't think they have considered this issue at all.

I am going to contact them. You would think that with how inaccessable medical care would be on some parts of the railway, that they would be concerned about this.


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 Post subject:
PostPosted: Sun Mar 11, 2007 7:01 am 
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Site Admin

Joined: Tue Mar 22, 2005 11:17 pm
Posts: 6455
Location: Ottawa
The summer before last my daughter and I were travelling on a VIA train and as I helped her (3 1/2) to sit on the toilet I inadvertently hit the panic button.
That thing rang (really loud) for a good 20 minutes before any train crew happened along to turn it off.
It's a good thing it wasn't a medical emergency.

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Moderator
Daughter: asthma, allergies to egg, milk, peanuts, tree nuts, most legumes (not soy) & penicillin. Developing hayfever type allergies.
Husband: no allergies
Me: allergies to some tree that flowers in May
Cat: allergic to beef, pork and lamb


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 Post subject:
PostPosted: Sun Mar 25, 2007 1:19 pm 
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Joined: Fri Sep 15, 2006 2:02 pm
Posts: 44
Can't find any cases specific to anaphylaxis, except one Quebec case - anaphylactic reaction in the workplace (chemical sensitiviy).

I spoke with a lawyer - she advised that there was proven obligation to accomodate disability - that is not the problem - it is having ana/allergies defined as disability, or at the very least it is a matter of arriving at a place where in an individual situation, such as airline flights, having reasonable accomodation made. Apparently, it is a matter of determining between parties, what is reasonable.

Bottom line, we have to agitate and educate! You will note that in the BC Legislature, as Pamela Lee pointed out, Shane Simpson will be speaking on this topic March 27. I will try and post an excerpt or provde a link to the Hansards here.

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Mum of 19 year old daughter - asthma and life threatening allergies to nuts, peanuts and seafood


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 Post subject:
PostPosted: Sun Mar 25, 2007 10:49 pm 
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Joined: Thu Aug 24, 2006 1:42 am
Posts: 222
Location: Victoria, British Columbia
Shirley --

A parent in Vancouver has a case before the BC Human Rights Tribunal right now against a preschool that would not enroll her peanut-allergic child because they could not accommodate her son. I am anxious to hear the finding for it is an important legal precedent.

Also, are you in Victoria? If so, I am part of a local group of parents who have children with life-threatening allergies. Most of us have kids in preschool through primary elementary grades, but we would certainly welcome your input. Send me a person message if you would like to join our e-group and (almost) monthly meetings.

Caroline
ps We fly WestJet -- but we bring our own food and usually only take a 1.5 hour direct flight.

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son anaphylactic to peanuts


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 Post subject:
PostPosted: Mon Nov 12, 2007 12:22 am 
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Joined: Tue Nov 07, 2006 6:40 am
Posts: 50
Location: Victoria
Caroline, do you know if there was any outcome to do the preschool accommodation case through the Human Rights Code?

Thanks, Michelle


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